Threat to Cause Death or Bodily Harm
The offence of uttering threats is listed under the "Assaults" section of the Criminal Code of Canada. It is a hybrid offence, which means that the legal risk (jeopardy) for uttering a death threat, or a threat to cause bodily harm, can vary greatly.
In R. v. Clemente  2 WWR 153, pages 8-9, the Court of Appeal of Manitoba explains that not all threats should attract the attention of criminal law, and its arsenal of punishments:
[N]ot all threats are truly threatening or intended to be so. Innocent words are sometimes misconstrued as a threat; words of annoyance are sometimes converted into a threat by the use of hyperbole; and words spoken as a promise of harm are often not intended as a promise meant to be kept or, if so intended, are quickly regretted without any harm being done.
If you have been accused of uttering a threat, you may believe that you were justified to do so in the "heat of the moment". This does not necessarily mean that the court will acquit you. A seasoned criminal defence lawyer can help you understand and effectively deploy the defences available to you.
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